City of Des Plaines v. Metropolitan Sanitary District

In my opinion the doctrine of res judicata does not apply in this case. The previous decision of this court (48 Ill.2d 11) was rendered in a case which involved the question of the authority of the respective parties to exercise the power each possessed by virtue of statutes which were enacted under the 1870 Constitution. The decision in that case was a final adjudication of the issues then existing. Since that decision the 1970 Constitution has become effective. Under the new constitution the City of Des Plaines is a home-rule unit of local government. The authority of the City of Des…